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CIRCULAR

Guiding the implementation of the Government's Decree no. 32/2005/ND-CP on the land border-gate regulation

On March 14, 2005, the Government issued Decree No. 32/2005/ND-CP on the land border-gate Regulation (hereinafter referred to as Decree No. 32/2005/ND-CP for short), which stipulates in Article 24, Clause 2: "The Defense Ministry shall assume the prime responsibility for, and coordinate with the concerned ministries and branches in, guiding and inspecting the implementation of this Decree."

After reaching agreement with concerned ministries and branches, the Defense Ministry hereby guides the implementation of some specific contents as follows:

I. GENERAL PROVISIONS

1. Land border-gates include international border-gates, principal border-gates and auxiliary border-gates, which are opened on roads, railways, inland waterways within the border areas under the Agreements on Border Regulations concluded between the Government of the Socialist Republic of Vietnam and the governments of the neighboring countries for exit, entry, transit, export and import (referred to as exit and entry for short) of people, means of transport and goods.

a/ International border-gates, principal border-gates and auxiliary border-gates are defined in Article 3 of Decree No. 32/2005/ND-CP.

b/ Exit and entry of Vietnamese and foreign people, means of transport and goods and other activities at border-gates must strictly comply with the provisions of Decree No. 32/2005/ND-CP and the provisions of law on management and protection of national borders, satisfying the requirements of the open-door policy and international economic integration process and the enhancement of state management over export and import activities at border-gates.

c/ The upgrading of border-gates (from cross-border routes up to auxiliary border-gates; from auxiliary border-gates up to principal border-gates; or from principal border-gates up to international border-gates) must satisfy the following general requirements:

- Meeting economic development and exchange demands of people, means of transport and goods crossing borders in localities;

- Maintaining defense and security;

- Not adversely impacting construction, management and protection of the national borders of Vietnam and a neighboring country;

- Complying with the concluded Agreements as well as agreements between provincial administrations of Vietnam and a country sharing the borderline.

d/ The order and procedures of opening and upgrading border-gates shall comply with the guidance of the Foreign Affairs Ministry.

2. Scope of border-gate zones

a/ Basing themselves on the actual situation in their localities, the provincial border-guard commands shall assume the prime responsibility for, and coordinate with concerned agencies in, proposing the provincial People's Committees of the localities where exist border-gates to determine the scope of international border-gate and principal border-gate zones after reaching agreement with the Defense Ministry, the Public Security Ministry and concerned ministries and branches, and report them to the Prime Minister for decision. The determination of scope of international border-gate and principal border-gate zones shall comply with Clause 1, Article 4, and Article 11 of Decree No. 32/2005/ND-CP.

- For land border-gates, a border-gate zone shall cover:

+ An area for checking of passports and papers required for people, means of transport, goods and baggage by functional agencies;

+ An area for carrying out of exit or entry procedures by functional agencies, the waiting lounge, car parks and stops, warehouses and yards for goods rallies, and an area for service, commercial, banking and postal activities, and an area for duty-free shops.

- For railway border-gates being the first international railway stations (for people, means and goods on entry) or the last international railway stations (for those on exit), a border-gate zone shall cover an area for checking of passports and required papers; an area for stationary trains; an escort road from the station to the stop on the border.

- For inland waterway border-gates, a border-gate zone shall cover the area from the wharf upstream to the national border and the wharf downstream, consisting of an area for checking passports and required papers; an area for ships and boats on exit or entry to moor or anchor; water surface of the port area; warehouses and storing yards; water area in front of the wharf; the wharf; workshops; and the port authority and service area.

b/ At international border-gates and principal border-gates, joint control stations shall be built under the uniform planning according to the provisions of Clause 1, Article 18 of Decree No. 32/2005/ND-CP, ensuring that the specialized state management agencies at border-gates operate in a control chain.

- For already built joint control stations where control chains are incompatible with the provisions of Decree No. 32/2005/ND-CP, provincial border-guard commanders shall propose presidents of provincial People's Committees to rectify them in compliance with provisions of Clause 1, Article 18 of Decree No. 32/2005/ND-CP and this Circular.

c/ The determination of auxiliary border-gate scopes must be based on the defense, security, order and economic situation in each locality, terrain conditions of areas where border-gates are to be opened and requirements of management and defending of the national border sovereignty and security. Provincial border-guard commands shall assume the prime responsibility for, and coordinate with provincial police departments and concerned branches, the People's Committees of districts or provincial towns where exist border-gates in, uniformly determining the scopes of border-gate zones, working out plannings thereon and reporting them to provincial People's Committees for decision.

At auxiliary border-gates, border-guard stations shall be built under the uniform plannings of provincial People's Committees and at the request of provincial border-guard commands.

3. Border-gate zone signboards

a/ "Border-gate zone" signboards shall be made according to a model uniformly set by the Defense Ministry, of a metal of a thickness of 1.5 mm; signboard posts are steel tubes which are 100 mm in diameter; signboards are coated with luminous paints: blue paint for backgrounds and white paint for words. Signboards are inscribed in three languages on three lines: The first line is in Vietnamese, the second is in the language of the bordering country, and the third is in English.

- "Border-gate zone" signboards shall be put up on the right side of transport routes in the direction from the inland to the border, and at places where they can be easily spotted.

b/ Provincial border-guard commands shall assume the prime responsibility for, and reach agreement with provincial functional agencies having specialized control forces operating at border-gates on, positions for putting up or implanting signboards, instruction signs and tables of regulations in specific areas of border-gate zones specified in Article 11 of Decree No. 32/2005/ND-CP, before reporting them to provincial People's Committees for decision. Signboard models shall be guided by the Border-Guard Command.

II. PROVISIONS ON EXIT AND ENTRY OF PEOPLE, MEANS OF TRANSPORT AND GOODS

1. For Vietnamese citizens

a/ Vietnamese citizens on exit or entry through international border-gates or principal border-gates must have one of the following papers:

- Passports;

- Valid laissez-passers;

- Border identity cards.

b/ Vietnamese citizens residing in border areas who travel to border areas of neighboring countries must comply with the provisions of Clause 2, Article 6 of Decree No. 32/2005/ND-CP. Actual procedures applicable to each borderline must be based on the provisions of the Agreement already concluded between the Vietnamese Government and the neighboring country's government, concretely as follows:

- For the Vietnam-China border: Laissez-passers for border exit and entry (in cases where laissez-passers are not stuck with photos, they must be accompanied with identity cards) or exit/entry laissez-passers under the Agreement between Vietnam and China.

- For the Vietnam-Laos border, one of the following papers is required:

+ Border laissez-passer;

+ Border identity card;

+ Certificate.

- For the Vietnam-Cambodia border, one of the following papers is required:

+ Border identity card;

+ Border laissez-passer.

2. For foreigners

a/ For citizens of neighboring countries, the provisions of the Agreements on Border Regulations concluded between Vietnam and such countries shall be complied with.

b/ For citizens of a third country: Upon their exit or entry through international border-gates or principal border-gates, they must have valid passports or papers of passport-substituting value (overseas Vietnamese who have no passports or papers of passport-substituting value must have exit/entry papers granted by competent foreign agencies, provided that the forms of such papers have been officially notified to Vietnam via diplomatic channel) and visas granted by competent Vietnamese state agencies, except for cases of visa exemption under bilateral agreements which Vietnam has signed or unilateral visa exemption by Vietnam for citizens of such country.

c/ Citizens of a third country and citizens of neighboring countries, when entering into Vietnam's border-gate economic zones, shall be exempt from visas.

3. Means of transport and goods on exit, entry, export, import or transit through border-gates in accordance with Articles 8 and 9 of Decree No. 32/2005/ND-CP must be accompanied with all lawful papers and subject to principles and procedures set out by the customs law, other relevant provisions of Vietnamese law and treaties to which Vietnam is a contracting party.

- Goods, which are traded across the borders and fully satisfy the conditions specified at Point 3, Section II of this Circular and the Prime Minister's Decision No. 252/2003/QD-TTg of November 24, 2003, on management of cross-border goods trading with bordering countries, may all be exported or imported through border-gates, regardless of whether they are products of border localities or of other localities throughout the country.

- In special cases, the Trade Minister shall, at the request of provincial administrations or governments of neighboring countries, reach agreement with the Finance Minister to permit customs clearance for goods from a third country through a principal border-gate or auxiliary border-gate.

4. People, means of transport and goods, when on exit or entry through border-gates, must have all lawful papers and be subject to inspection and control by border-guards and competent agencies at border-gates.

5. Procedures for specialized inspection and supervision at border-gates:

a/ Procedures for customs inspection and supervision, and quarantine (medical, animal and plant quarantines) shall comply with the provisions of law and the guidance of the Finance Ministry, the Health Ministry and the Agriculture and Rural Development Ministry.

b/ Procedures for border-guard inspection and supervision at border-gates

- Vietnamese citizens on exit or entry must produce one of the following papers:

+ Passports, border laissez-passers or identity cards, certificates;

+ Exit or entry declarations (for passport holders on exit or entry).

- For foreigners:

+ Passports or papers of passport-substituting value, and visas for entry into Vietnam granted by competent Vietnamese agencies (except for case of visa exemption or persons who enter to work or operate in border-gate economic zones);

- Border laissez-passers or identity cards, certificates;

- Exit or entry declarations (for passport holders on exit or entry).

- For Vietnamese or foreign means of transport and operators of means of transport on exit or entry, the following papers must be produced:

+ Passports or border laissez-passers or identity cards;

+ Driving licenses;

+ Means of transport ownership registration certificates;

+ Means of transport registration papers;

+ International transport licenses;

+ Passenger or cargo transport licenses (if any);

+ Certificates of technical safety and environmental protection of means of transport;

+ Means of transport insurance certificates (if any);

+ Quarantine certificates.

- Responsibilities of border-guard stations:

+ To check and control passports and papers of passport-substituting value, baggage of passengers and means of transport on exit or entry;

+ To affix certification seals on passports or papers of passport-substituting value;

+ To coordinate with the customs and other forces in preventing and fighting drug-related crimes, smuggling and trade frauds;

+ To grant visas to foreigners according to notices of the Public Security Ministry and the Foreign Affairs Ministry;

+ To give sojourn certifications to foreigners at border-gates under authorization and guidance of the Public Security Ministry's Exit and Entry Management Office.

- Places of border-guard supervision:

+ The transit area (for international border-gates);

+ The area for inspection and control of means of transport and goods;

+ Pre-procedure waiting lounge;

+ The area for carrying out exit or entry procedures by functional bodies;

+ The area of warehouses and/or yards for goods rallies before export or import;

+ The area of duty-free shops;

+ The service and trade area;

+ The area of car parks and stops;

+ Restricted area;

+ Other areas within a border-gate zone.

- Subjects of border-gate inspection and supervision at border-gate zones:

+ Vietnamese and foreigners who are on exit or entry through border-gates or come to border-gate zones for receiving or seeing off guests, or conducting service, commercial, press, sight-seeing or tourist activities;

+ Means of transport, goods and baggage of Vietnamese or foreigners entering into or leaving border-gate zones or on exit or entry through border-gates.

- Border-guard supervision tasks:

+ Maintaining, administering and guiding people, means of transport, goods and baggage and other activities within border-gate zones according to the provisions of law and the Regulation on land border-gates;

+ Maintaining security and order in border-gate zones; preventing, detecting and handling people, means of transport and goods on illegal exit or entry, export or import through border-gates.

6. People and means of transport that have to stay overnight in border-gate zones for the reason that the exit procedures for such people have not yet been completed, and the export procedures for damaged goods or broken means of transport have not yet been completed, the stay permission must be obtained and such people and means of transport must be subject to the inspection and control of border-guard stations.

Where the stay duration expires while the procedures or repairs are not yet completed and such people, means of transport or goods need to stay longer for plausible reasons, the border-guard stations' permissions must be obtained.

III. RESPONSIBILITIES TO MANAGE EXIT AND ENTRY ACTIVITIES THROUGH BORDER-GATES

1. Within the ambit of their respective tasks and powers, ministries and functional branches shall have to direct and guide their attached specialized forces at border-gates in carrying out the exit and entry inspection, control and procedures according to the provisions of Decree No. 32/2005/ND-CP and other provisions of law.

2. The People's Committees of the provinces where exist border-gates shall reach agreement with the Planning and Investment Ministry, the Finance Ministry, the Defense Ministry, the Construction Ministry, the Foreign Affairs Ministry, other ministries and functional branches on the planning on border-gate zones and construction of border-gates; architectures, models, specifications and symbols of border-gates and joint control stations at international border-gates and principal border-gates.

3. The Prime Minister shall decide on restriction or suspension of cross-border activities through international border-gates defined in Clause 1, Article 17 of Decree No. 32/2005/ND-CP in the following cases:

- Concerned countries so request;

- The Defense Minister so requests in case of infringement of the national border sovereignty and security, intrusion by enemy forces, riots, pursuit of dangerous criminals, assurance of people's life safety or for other special reasons;

- Other concerned ministers so request in other cases of restriction or suspension in domains falling under their respective specialized management and in compliance with the provisions of law.

4. The presidents of the People's Committees of the provinces where exist border-gates shall decide on restriction or suspension of cross-border activities through auxiliary border-gates at the request of the provincial border-guard commanders.

5. Provincial border-guard commanders and border-guard station commanders shall enforce decisions on restriction or suspension of cross-border activities according to the provisions of Clauses 3 and 4, Article 17 of Decree No. 32/2005/ND-CP; and comply with the provisions of Point 4, Section III of this Circular and other provisions of law on cases of restriction or suspension of cross-border activities.

6. Restriction or suspension decisions must be notified in writing and publicly to all concerned agencies, local administrations and people for implementation, and concurrently notified to border-guard stations and local administrations of the neighboring countries. When the restriction or suspension decisions cease to be effective, the issuing authorities shall have to notify such to concerned agencies, people and border-guard stations of the neighboring countries, and concurrently report to their superiors on the resumption of normal activities.

Persons competent to issue restriction or suspension decisions shall have to bear responsibility before law for their decisions.

7. For emergency circumstances occurring in border areas, the provisions of the March 23, 2000 Ordinance on Emergency Circumstances and the June 14, 2005 Defense Law shall be complied with.

8. The daily border-gate opening and closure time shall comply with the Agreements on Border Regulations or agreements between the governments or provincial administrations of Vietnam and a bordering country. Where the daily border-gate opening and closure time needs to be prolonged, the prolongation shall be effected as follows:

- For international border-gates: The People's Committees of the provinces where exist border-gates shall reach agreement thereon with the administrations of the opposite provinces of the bordering countries, and report such to the Prime Minister for decision. The Foreign Affairs Ministry shall have to announce decisions of the Prime Minister.

- For principal border-gates: The People's Committees of the provinces where exist border-gates shall decide after reaching agreement with local administrations of the opposite provinces of the bordering countries and report their decisions to the Prime Minister. The People's Committees of the provinces where exist border-gates shall have to notify such to concerned agencies for implementation.

9. Specialized state management agencies at border-gates include Border-Guards; Customs; Medical Quarantine; Animal Quarantine and Plant Quarantine.

- Specialized state management agencies at border-gates shall operate according to their respective functions, tasks and powers provided for by law and have to coordinate with one another in performing their tasks and settling arising matters in different domains at border-gates;

- While on duty, officers, soldiers and employees of functional branches must wear uniforms, badges and control plates according to regulations of each branch.

10. Commanders of border-guard stations shall assume the prime responsibility for, and coordinate with specialized state management agencies at border-gates and local administrations in, settling matters related to the management, protection of the national border sovereignty and security, maintenance of social security, order and safety within border-gate zones.

- To arrange and use forces, assorted means, weapons, military gears and technical equipment and support tools; to carry out the border-guard's professional measures; to firmly grasp the actual situation, manage geographical areas and local subjects, maintain social security, order and safety within border-gate zones.

- To deploy forces for exit and entry inspection and control at border-gates; to guide and supervise exit or entry of people and means of transport;

- To prevent and combat crimes, smuggling and trade frauds;

- To perform the border-guard's external relation activities according to the provisions of law;

- To detect, stop and handle acts of violation and arrest violators of the Regulation on Border-Gates, the Regulation on Border Areas, Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

11. Responsibilities of border-gate management boards

- To perform their functions and tasks and exercise their powers decided by presidents of People's Committees of provinces where exist border-gates;

- To organize and chair meetings and briefings with specialized state management agencies at border-gates;

- To assume the prime responsibility for, and oversee the settlement of matters in the domains of administrative management, social order and safety, environmental sanitation, external relations, and the assurance of normal activities at border-gates;

- To request specialized state management agencies at border-gates to notify measures to solve arising problems and results of the problem solution;

- To propose presidents of People's Committees of districts or provincial towns to solve problems related to the implementation of the Border-Gate Regulation falling under their competence.

IV. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in "CONG BAO."

2. Annually, the Border-Guard Command shall base itself on the requirements of the tasks of managing and safeguarding the national borders, maintaining security and order in border areas, inspecting and controlling exit and entry in border-gate zones to draft budget estimates according to the contents provided for in Joint Circular No. 162/2004/TTLT/BQP-BTC of December 6, 2004, guiding budget expenditures and management for the work of managing and safeguarding the national border, maintaining social security, order and safety in border areas.

3. Annually, the People's Councils and People's Committees of the provinces or centrally-run cities where exist border-gates shall ensure budget expenditures for the survey, planning and construction of border-gates and systems of signboards and instruction signs for specific areas of border-gate zones, and the assurance of administrative management activities according to the provisions of Article 24 of the Government's Decree No. 140/2004/ND-CP of June 25, 2004, detailing a number of articles of the National Border Law.

The estimation, implementation, settlement and management of budget expenditures on the survey, planning and construction of border-gates and systems of signboards, instruction signs and the assurance of the administrative management shall comply with the provisions of the State Budget Law.

4. The Border-Guard Command shall have to:

- Direct provincial border-guard commands in assuming the prime responsibility for, and coordinating with provincial Justice Services and concerned branches in, advising the provincial People's Committees on organizing conferences to thoroughly disseminate the contents of Decree No. 32/2005/ND-CP and this Circular to local authorities and branches; and widely propagate and popularize these contents among the population for uniform implementation;

- Assist the Defense Ministry in monitoring, urging and inspecting the organization of implementation; and annually, preliminarily review and report on implementation results to the Defense Ministry.

The Border-Guard Command shall report any problems arising in the course of implementation, and propose changes, adjustments or upgrading of border-gates of all types to the Defense Ministry.